AJMAL KHAN Vs. ADDL DISTRICT JUDGE FIROZABAD

JUDGEMENT

(1.) This is landlord's petition. The petitioner is owner of house No. 21 Nalband Crossing, Urvasi Road, Firozabad, which was purchased by him by a registered sale-deed dated 28-5-1984 from its erstwhile owner Sri Dayal.

(2.) THE respondent-tenants were inducted as tenants by the erstwhile landlord on a monthly rent of Rs. 30/ -.

(3.) CONTENTION of Counsel for the petitioner is that the landlord had offered accommodation on the ground floor of the house in dispute to the respondents after its demolition and reconstruction at the rate of rent chargeable according to law and despite clear finding of fact recorded by the Prescribed Authority that condition of Rule 17 of the Rules framed under U. P. Act No. XIII of 1972 was fulfilled by the landlord, the lower appellate Court has erroneously held that no affidavit was filed by the Architect in support of his report. He urged that the map submitted by the landlord was duly sanctioned by the competent authority and was in accordance with U. P. Regulation of Buildings Operation Act, 1958 as such, the same could not be disbelieved unless and until is disbelieved by the competent appellate authority.